전자금융거래법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles) is erroneous in the misunderstanding of facts and misapprehension of legal principles in the judgment of the court below that acquitted the defendant, even though the defendant lent the e-mail card, which is an access medium, to conduct electronic financial transactions, such as withdrawing interest without his/her supervision, for an intangible expectation interest in which the defendant executes a loan.
2. In light of the circumstances stated in its holding, the lower court found the Defendant not guilty on the ground that the evidence submitted by the prosecutor alone is insufficient to recognize the facts charged and there is no other evidence to acknowledge it. The lower court found the Defendant not guilty on the ground that the Defendant was aware of the horses of the loan manager and sent the e-mail card to the lender as a means to obtain a loan. It is difficult to view that the Defendant’s e-mail was allowed to arbitrarily conduct electronic financial transactions using an access medium in return for a loan.
The judgment below
If the reasoning of the court below is examined closely by comparison with the evidence duly adopted and examined by the court below, the above judgment of the court below is just, and there is an error of law by misunderstanding of facts and misunderstanding of legal principles as alleged by the prosecutor.
shall not be deemed to exist.
The prosecutor's assertion is without merit.
3. The appeal by the conclusion prosecutor is dismissed.